Wheeler v. Gilsum
Supreme Court of New Hampshire
Case, for negligence. March 2, 1902, tbe plaintiff owned, and occupied a sawmill on the bank of the Ashuelot river. On that day an ice jam in the river above the mill caused the water of the stream, increased by surface water accumulating from rain and melted snow, to overflow a highway in the town of Gilsum, preventing travel thereon.
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Case, for negligence. March 2, 1902, tbe plaintiff owned, and occupied a sawmill on the bank of the Ashuelot river. On that day an ice jam in the river above the mill caused the water of the stream, increased by surface water accumulating from rain and melted snow, to overflow a highway in the town of Gilsum, preventing travel thereon. A highway agent of the town, under the direction and control of one of the selectmen, wont upon the river outside the highway and attempted to break up the ice with dynamite, so that the water might drain off from the highway. The work was negligently done,…
1Opinion of the CourtParsons, C. J.
In repairing the highway under the direction of the selectmen (Laws 1897, e. 67, s. 1), the highway agent was a public officer, for whose negligent acts in the performance of his duty the town is not liable. O'Brien v. Derry, ante, p. 198; Hall v. Concord, 71 N. H. 367; Downes v. Hopkinton, 67 N. H. 456; Wakefield v. Newport, 62 N. H. 624; Grimes v. Keene, 52 N. H. 330.
The principle under which a town may be liable for an injury to private property rights by an abuse of its possessory right in the highway — permitting an unreasonable use of the land to the injury of another (Clair v.…
2Cases cited8 opinions
- Buch v. Amory Manufacturing Co.Supreme Court of New Hampshire · 1897
- McGill v. Maine & New Hampshire Granite Co.Supreme Court of New Hampshire · 1899
- Gilman v. LaconiaSupreme Court of New Hampshire · 1875
- Hall v. ConcordSupreme Court of New Hampshire · 1902
- Flanders v. FranklinSupreme Court of New Hampshire · 1899
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3Cited by1 opinion
- Gilman v. ConcordSupreme Court of New Hampshire · 1937